The Executive Engineer, Kolhapur vs Laxman Govind Gavade And Ors
2022 Latest Caselaw 3588 Bom

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     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                FIRST APPEAL ST NO.7265 of 2021
                            WITH
             INTERIM APPLICATION NO. 1049 OF 2022
                            WITH
             INTERIM APPLICATION NO. 1048 OF 2022
                              IN
                FIRST APPEAL ST NO. 7265 of 2021


The Executive Engineer, Kolhapur              .. Appellant
                         Versus
Laxman Govind Gavade and ors                  .. Respondents
                           ...

Mr. Vilas B. Tapkir for the appellant.
Mr. Akshay Kulkarni for respondent nos.1 to 3.

                            CORAM: BHARATI DANGRE, J.

DATED : 4th APRIL, 2022 P.C:-

Interim Application No.1048/2022

1 Interim Application No.1048/2022 seek condonation of delay of 639 days in instituting the First Appeal by the Executive Engineer, Minor Project Department, Kolhapur.

2 Appeal raises a challenge to the judgment and award dated 10/12/2018 passed by the Civil Judge, Sr. Division, Kolhapur in Land Reference No.80/2009.

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3                 Heard learned Panel Advocate for the applicant and

learned counsel for respondent nos.1 to 3 and perused the application.

The Application justify the delay which has occasioned in filing of the Appeal and though it do not explain the delay on day to day basis, it can be seen that after the judgment was delivered, the certified copies were ready and came to be collected on 13/5/2019. Thereafter, the papers were made over to the concerned Advocate and necessary permissions were obtained from the higher authorities for instituting the Appeal and the permission was received on 17/1/2020. The Advocate was then again contacted after the permission was granted, but since the lock-down came to be imposed from third week of March 2020, no steps could be taken. Only when the physical filing commenced in December 2020, again the contact was established with the concerned Advocate and after arranging the Court fees, the Appeal came to be instituted along with the application for condonation of delay.

4 Since the applicant is the State Authority, the procedural rigmarole which was required to be followed in obtaining permission for instituting the Appeal, consumed some point of time and thereafter, the Pandemic also hampered the institution of the Appeal. In any case, even the Supreme Court had come to the rescue of those appellants where the period of limitation expired during the lock-down period and in the Tilak

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aforesaid circumstances, I need to extend the benefit of the letter and spirit of the said order, where the period of limitation had already expired, but the explanation is offered that during the said period, no steps could be taken and that is how the delay is bonafide.

Considering the aforesaid, I am inclined to condone the same. Application is allowed in terms of prayer clause (b).

Interim Application No.1049/2022

My attention is invited to an order passed by this Court which arises out of the same award and the order being passed on 26/2/2022, has granted stay subject to deposit of the amount of compensation awarded within a period of 12 weeks, failing which the award was directed to be executed.

I am also inclined to grant a similar relief in favour of the appellant subject to deposit of the entire amount awarded under Reference Case No.80 of 2009 by the impugned judgment and award dated 10/12/2018 within a period of 12 weeks. The amount to be deposited before the Civil Judge, SeniorKolhapur. There shall be stay to the effect and operation of the impugned judgment.

5 However, it is made clear that if the amount as directed above, is not deposited within the period stipulated, the stay shall stand vacated without reference to the Court and the respondent shall be held entitled to proceed with the execution.

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First Appeal No.1049 of 2020

6                 First Appeal is directed to be registered.

The learned counsel waives notice for respondent nos.1, 2 and 3.

Issue notice to the other respondents, making it returnable after 12 weeks.

( SMT. BHARATI DANGRE, J.)

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